The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-04-18
TOUGH RAILWAY PROBLEMS
Mr.. Cummins Discusses the New Law
Before the Interstate Commission.
The Wisconsin Central Requests Suspension of
the Fourth Clause, and Barbed-Wire
Company, Also, Asks for Relief.


WASHINGTON, April 16.-Hulmes Cummins
general counsel for the Louisville, New Orleans
& Texas Railroad Company, to-day addressed
The Interstate-commerce Commission in support
If a petition filed by that company He de-
,cribed the line of the road, and said it touched
the Mississippi at both termini and at several
twenty-five miles from the river along most of
Is route. 1t thus came into direct competition
With water lines al several points, and it became
necessary to give lower rates to retain the bust
ness. He fled schedules published by the barge
and steambo lines. showing they made lower
rates to the competing points than at way land
ings. He then discussed the intentions OF the
trainers of the interstate-commerce law. and
said that while they had forbidden an increase
Of rates without due notice. they had left full
liberty to mako reductions at will This, he
held to be an evidence of purpose to encour-
lee and promote competition such his road
proposed and wished to continue The Senate,
ae argued. had in view these very circum-
itances, Which, by unanimous vote, it inserted
N the bill the words: "Under similar circum-
,tances and conditions" He quoted opinions
expressed by Senator Cullom in debate
n support of the theory that this amendment
vas intended to relieve the absolutism of tho
original bill. The law-making body, he thought,
aad also in mind the decisions of the courts,
both state and federal, upon this point. Several
Of these decisions he cited briefly. He argued
shat it was individual discrimination which was
I'M 20 ha 1or nd hot 4;
which treated all INSTRUMENTATION which
was necessary, as in the case of his company, to
secure share of competing traffic was not to be
disturbed. Believing this to be the right inter-
probation of the law, his company, in the utmost
good faith, was acting in accordance with it. but
Il it were, in the judgment of the commission,
IN erroneous Interpretation. then he asked the
relief described in the petition, namely: the
privilege of meeting rates of water lines at COM
peting points. The Northern connecting lines
from Kansas City and St Louis to Memphis held
differently, believing it illegal to make lower
rates fox long than short hauls under any cir
:umstances. unless expressly authorized by the
commission. Owing to this divergence of opin-
lon through traffic was now suspended. This
was an additional reason for prompt decision
Of the point by the commission.
Mr.. Cummins also stated that the associated
lines in whose behalf the lone-and short haul
clause was temporarily suspended ten days ago,
we're. under the Interpretation of that order
making rates to interior points which his road
was unable to meet
AS he was about to conclude his remarks, his
attention was called to a complaint from Fort
Gibson La, charging his road with unjust dis
elimination against that place, and in favor of
Vicksburg. The complaint set forth that the
rate upon cotton from Port Gibson to New Or
leans was 81. Is per BALE while for the longer
haul Iiom Vicksburg only IS cents was charged
The people, it said, had expected lower rates as
an effect Of the interstate commerce law. One
thousand bales were now awaiting shipment.
Mr.. Cunsmins said he pleaded guilty to every
thing charged. This was exactly what his road
was doing. and what it asked leave TO continue
10 do. The rates given by the road from Port
Gibson are, he sad fully 81 lower than the
prices paid ior hauling before the road was
built.
Howard Morris, attorney and W. s. Miller,
general manager of the Wisconsin Central lines,
presented petition. and brief in its support
ssking that the operation of the long short
naul clause be suspended in so far it prevented
them from accepting traffic at rates fixed by water
ines and by more direct rail lines between their
yorious terminal points. They set forth, orally.
shat the denial of this privilege would compel
them either to reduce local rates below the pay
Ing point or abandon all through business.
A printed petition has been received by the
Company, of Marshalltown, Ia, stating that up
20 the LIST of the present month that company
has had an "equallzed rate" of freight charges
upon Its receipts and shipments; that is, the
through rate from Chicago to the Missouri river
being % cents. the company has paid 10 cents
Tor bringing its raw material from Chicago to
Marshalltown, and 10 cents for transporting its
finished product from Marshalltown to the Mis-
souri,. Under this arrangement it has built up
p reasonably profitable business of $40O, 600 a
year, has given employment to a large number
Of mechanics and laborers, and has contributed
much to local prosperity by furnishing home
market for farming products. The railroad
company, fearing the penalties of the law, and
not having any decision of the commission
sanctionlng this equalized rate, has now sus
pended the arrangement and has made rates
from Chicago to Marshalltown, and from Mar
shalltown to the places Of consignment Of the
sompanys goods, which are enormously higher
than the rates from Chicago to such places oil
consignment. AS q result OF this action, the
petitioner must either ship at great financial
loss or shut down its factories and discharge its
employees. The margin in the business has TO,
vome years been very close. The company is
carrying large stock, and the season of great
est consumption is at hand The system OF
making equalized rates has been customary il
the Northwest. and the petitioners case il
represented as similar to that of hundreds o.
other establishments. The petitioner therefore
asks that the system be sanctioned or the opera
ton of the law be suspended until such time
as the subject can be Investigated.
The commission modified, to-day, the order
heretofore granted on the application of the Mo
bile & Ohio Railroad Company so as to conform
with the order made the application of tn,
Southern Railway and Steamship Association
limiting its operations to points South of tn
Ohio river and to business to aud from sucI
points, from and to points north of the Obi
river A similar order also granted upoi
the petitions of other railroads south of tn
Ohio, and east of the Mississippi, to-wit: Tn
Illinois Central; the ST. Louis q Cairo Short
line; the Tennessee e. Ohio; the Norfolk 4
Western; the Richmond. Fredericksburg & Pc
tomac the New York, Philadelphia & Norfolk
the Cape Fear & Yadkin Valley; the Louisville
New Orleans & Texas, and the Newport New
& Mississippi Valley roads. No other case
were acted upon.
Freight Traffic Light.
The train records show that but IL. LA loade
cars were received and forwarded at Indianapt
lis In the week ending April 16 which was 3, A.
Fewer cars than were handled here in the wee
ending the 9th, and 1866 less than in the wee
ending the I'd of April AS compared with tn
movement in the corresponding weeks in lSs
and 1885, the exhibit is more favorable, as la.